Madras High CourtWP(MD)/21417/2022disposed of

Saminathan v. Tourism,Culture And Religious Endowments Department

2022-09-08Honourable Mr Justice Mohammed Shaffiq4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2022

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Saminathan ... Petitioner Vs.

The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, Thanjavur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to dispose the petitioner's application in O.A.No.7 of 2022 within time stipulated by this Court.

For Petitioner : Mr.P.Balamurugan For Respondent : Mr.P.Subbaraj Special Government Pleader

ORDER

This writ petition has been filed praying for a writ of Mandamus to direct the respondent to dispose of the petitioner's application in O.A.No.7 of 2022.

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2. It is submitted by the learned counsel for the petitioner that as per settlement deed, dated 22.08.1928, first Karai was allotted to the petitioner's great grandfather, namely, Samynatha Thevar and he conducted the first Karai festival and received the first honour till his death. Thereafter, the petitioner's grandfather, namely, Samynathan received first honour. After his death, the petitioner's father, namely, Deivanatha Thevar received the same. The petitioner's father died in the year 2018. After the death of the petitioner's father, the petitioner conducted the first Karai festival and was receiving the first honour without any dispute. In the year 2022, during Chithirai Festival, the petitioner's grandfather's brother's descent, namely, Dharmalingam and others interfered with the petitioner's rights to receive the first honour.

Then, the petitioner filed an original petition in O.A.No.7 of 2022 before the respondent under Section 63 (e) of the Hindu Religious and Charitable Endowments Act for rights of first honour (Muthal Mariyathai) in the first Karai Festival and the same is pending.

3. It is submitted by the learned Special Government Pleader for the Respondent that the Respondent shall dispose of the petitioner's application in O.A.No.7 of 2022 within a period of three months. 2/4

4. Recording the same, the respondent is directed to dispose of the petitioner's application in O.A.No.7 of 2022 in accordance with law within a period of three months from the date of receipt of copy of this order. The writ petition stands disposed of. No costs.

08.09.2022 Index : Yes / No Internet : Yes/ No sn To The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Thanjavur, Thanjavur District.

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MOHAMMED SHAFFIQ, J.

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